Supreme court rules on Mdluli

A high court ruling against the withdrawal of some charges against suspended police intelligence boss Richard Mdluli was upheld by the Supreme Court of Appeal.

A high court ruling against the withdrawal of some charges against suspended police intelligence boss Richard Mdluli was upheld by the Supreme Court of Appeal (SCA) on Thursday.

The charges related to corruption and fraud, the SCA said in its ruling.

The SCA confirmed that the following executive decisions should be set aside:

the decision by the head of the Specialised Commercial Crime Unit of the National Prosecuting Authority, advocate Mrwebi to withdraw criminal charges of fraud and corruption against Lt-Gen Richard Mdluli the National Head of Crime Intelligence of the South African Police Services;

the decision by the national police commissioner to withdraw disciplinary proceedings against Mdluli;

the decision by the commissioner to terminate Mdluli's suspension from office and to reinstate him in his position.

The SCA rejected one aspect of the High Court order related to a murder charge.

It did not confirm the setting aside of the following executive decision:

the decision by the Director of Public Prosecutions, South Gauteng, Advocate Chauke, to withdraw criminal charges of murder and seventeen related crimes -- including kidnapping, intimidation and assault --against Mdluli.

Also, the SCA said it could not force the NPA to reinstate the charges without delay.

"The SCA did not confirm the High Court's orders to proceed with the criminal prosecution and the disciplinary proceedings without delay because, so the SCA held, this would constitute undue interference with the functions of the executive and a transgression of the separation of powers." - Sapa

August 2017

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